Morals of the Church
Library › Prümmer, Manuale Theologiae Moralis › Volume II › Treatise XI. On The Virtue Of Justice And The Opposed Vices › Section I. On Right And On The Virtue Of Justice Itself › Question I. On Right Itself › Chapter III. On The Subject Of Right Or Dominion › Article I. On The Dominion Of Spouses › On The Dominion Of Spouses According To The Civil Codes Of Certain Nations

Section — Prümmer, Manuale Theologiae Moralis

§ 7. On The Dominion Of Spouses According To Spanish Law

24.

24. 1. In Spain Roman law still is in force, with a few modifications applied. Thus, for example, in Roman law dotal goods are greatly distinguished from paraphernal goods; but in Spanish law dotal and paraphernal goods are indeed distinguished verbally, but in fact there is a small difference between them. Hence Larraga-Saralegui56 says: "According to our Code, paraphernal goods are scarcely distinguished from dotal goods."

  1. Unless there is a special antenuptial pact, the community of gain (sociedad legal de gananciales)57 is supposed by the Spanish code, and all goods pertain to this union unless the contrary has been expressly proved.

  2. From these common goods there must be paid not only all debts contracted by both the husband and the wife during marriage, but also expenses for the education of common children and even legitimate children of either spouse. This last rule seems to be altogether particular to Spanish law, just as also the other rule, namely that from these common goods fines perhaps imposed upon either spouse are not paid.

  3. For the confessor, difficulties do not seem able easily to arise from these norms of Spanish law.

56 Comentarios al P. Larraga n. 697.

57 Cod. civ. Hisp. a. 1315; Errungenschaftsgemeinschaft, communauté des acquêts.

Property Rights of Married Women